SZHPS v MIAC & Anor

[2007] HCATrans 739

[2007] HCATrans 739

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S147 of 2007

B e t w e e n -

SZHPS

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 DECEMBER 2007, AT 9.39 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of the People's Republic of China.  He claimed to fear persecution on the ground that he was a Falun Gong leader.  A delegate of the first respondent refused his application for a protection visa.  The second respondent upheld that decision.  It had invited the applicant to appear before it, but he did not.  It said that it was not satisfied that he was a Falun Gong practitioner.

The Federal Magistrates Court (Lloyd-Jones FM) dismissed an application for judicial review on the ground that no jurisdictional error was established.  The Federal Court of Australia (Gilmour J) dismissed an appeal.

The papers filed in support of the applicant's application for special leave to appeal reveal no question of law on which, if special leave were granted, there are any prospects of success.  The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish that disposition signed by Justice Kirby and myself.

AT 9.40 AM THE MATTER WAS CONCLUDED